Baldwin v. Inhabitants of Wilbraham

• Decision Date: 08 January 1886
• Citation: Baldwin v. Inhabitants of Wilbraham, 140 Mass. 459, 4 N.E. 829 (Mass. 1886)
• Parties: BALDWIN v. INHABITANTS OF WILBRAHAM.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

140 Mass. 459

4 N.E. 829

BALDWIN v. INHABITANTS OF WILBRAHAM.

Supreme Judicial Court of Massachusetts.

January 8, 1886

COUNSEL

G.M. Stearns, for petitioners.

C.L Gardner and C.L. Long, for respondent.

OPINION

MORTON, C.J.

This is a petition, under Pub.St. c. 27, § 129, by 10 taxable inhabitants of the town of Wilbraham, brought in the superior court to restrain the town from an alleged illegal expenditure of money.We are met on the threshold of the case with the question whether the superior court has jurisdiction of the petition, which, though not raised in the superior court, and not argued by counsel, it is necessary that we should consider.The statute of 1883(chapter 223, § 1) provides that "the superior court shall have original and concurrent jurisdiction with the supreme judicial court in all matters in which relief or discovery in equity is sought, with all the powers and authorities incident to such jurisdiction."The language of the statute is broad and, without doubt, it was intended to confer upon the superior court concurrent jurisdiction in equity in all suits between individuals involving private rights, of which the supreme judicial court has jurisdiction by virtue of the general principles of equity jurisprudence.But there are numerous provisions of our statutes which confer upon the supreme judicial court, sitting as a court of equity, certain special powers and duties not within the general jurisdiction of a court of equity.Such are the statutes giving supervision over the courts of insolvency; the statutes, in the nature of special insolvent laws, providing for the appointment of receivers and the winding up of savings banks banks of deposit, and insurance companies; the statutes authorizing the court to compel by injunction the payment of taxes by savings banks; to compel the harbor and land commissioners to enforce restrictions in the deeds by the commonwealth of lands on the Back bay; to restrain the erection of unlawful buildings upon commons or parks; to restrain the use of buildings for hospitals; to compel the observance of laws governing street railway companies; and to restrain a city or town from the illegal appropriation of money; and many others which might be mentioned.It would not be proper for us to decide whether any of these numerous special powers conferred by statute on this court are transferred to the superior court by the statute of 1883, except the one involved in this case.

We are of opinion that the power given to this court by Pub.St. c 27, § 129, to hear and determine in equity the petition of 10 taxable inhabitants to restrain a town from illegally appropriating money, was not so transferred.The subject of the statute is not a...